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REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 29 May 1996
on the manner in which the remuneration during the period of non-execution of the work and the remuneration for the calculation of the compensation, the redress, the compensatory allowances and other charges provided for in the Code of Labour are to be determined
On the basis of art. 297 of the Labour Code shall be managed as follows:
§ 1. When determining the remuneration:
1) for the time remaining without work, entitled to the employee restored to work (Art. 47 and 57 (1) and (2) of the Labour Code),
2) for the time to terminate the contract of employment, if the period of notice shorter than required (Art. 49 of the Labour Code),
3) for the period of notice or for a period equal to the period of notice entitled to the employee referred to the office (Art. 70 § 2 and art. 72 § 2 of the Labour Code)
the rules in force for the purpose of determining the cash equivalent for leave shall apply.
§ 2. 1. The rules in force when determining the cash equivalent for leave shall also apply in order to calculate:
1) compensation of the employee in the shortened period of termination of the contract of employment concluded for an indefinite period of time (Art. 36 1 § 1 of the Labour Code),
2) compensation of the employee in connection with termination of the employment contract in violation of the provisions of labour law (Art. 47 1 , 50 § 1 and 4 and Article 58 and 60 of the Labour Code),
3) compensation of the employee who terminated the contract of employment without notice due to the serious breach by the employer of the basic duties of the employee (Art. 55 § 1 1 Labour Code),
4) compensation of the employer in the event of unjustified termination by the employee of the contract of employment without notice (Art. 61 2 § 1 of the Labour Code),
5) compensation of the employee whose contract of employment expires due to the death of the employer (Art. 63 2 § 2 of the Labour Code),
(6) a staff member whose employment relationship has been terminated as a result of the expiry of his term of office (Art. 75 of the Labour Code),
(7) the payment of the cash to the employee in connection with the retirement or disability allowance (Art. 92 1 § 1 of the Labour Code),
8) the postmortem of the deceased worker's family (art. 93 § 2 of the Labour Code),
9) compensation of the employee in connection with the failure to issue in time or issue the wrong certificate of work (art. 99 § 2 of the Labour Code),
(10) the amount of one-day remuneration for the purposes laid down in Article 3. 108 § 3 of the Labour Code,
(11) compensation of a young worker in the event of termination of his contract of employment on the grounds that there is no possibility of any other work not jeopardising the health (Art. 201 § 2 of the Labour Code).
2. Compensation referred to in paragraph. In accordance with the rules laid down in paragraph 1, paragraphs 3, 4 and 5, the amount of the remuneration for two weeks shall be half of the monthly amount determined in accordance with the rules laid down in paragraph 1. 1.
§ 2a. The remuneration, compensation and other claims fixed in the amount of the remuneration for one day or multiple of the remuneration for one day shall be calculated by dividing the monthly amount determined in accordance with the rules applicable to the determination of the equivalent cash on leave, by the coefficient referred to in § 13 (1) (a) of the 2, and then multiplying by the number of working days for which it is remuneration, compensation or other affiliation shall be determined.
§ 3. The amount of the remuneration for the determination of the amount of compensation for the damage caused to the employer by the employee (Art. 119 of the Labour Code) shall be calculated according to the rules in force when determining the cash equivalent for a holiday, without taking account of changes in the conditions of remuneration or the amount of the components of remuneration introduced after the date of the damage.
§ 4. 1. In determining the remuneration determined as a percentage for the calculation of the remuneration: for the time of non-performance of the work, if the employee was ready to execute it, and for the time unfolded by the worker of the downtime (art. 81 § 1 of the Labour Code), an allowance for overtime work (Art. 151 1 § 3 of the Labour Code) and the remuneration for on-call time (Art. 151 5 § 3 of the Labour Code) shall apply the rules in force when determining the remuneration for leave.
2. In order to calculate the receivables referred to in paragraph. 1 for one hour:
1) according to the components of the remuneration stipulated in the monthly rate at a fixed rate-this rate should be divided by the number of working hours per working month,
(2) according to variable components of remuneration-remuneration determined in accordance with the rules laid down in the paragraph. 1 shall be divided by the number of hours worked by the staff member during the period from which the remuneration is determined.
§ 4a. When determining the amounts receivable referred to in § 4 (4) 1, for the employees receiving the remuneration resulting from personal grade, the specified monthly rate, the remuneration for 1 hour shall be determined by dividing the monthly wage rate by the number of working hours attributable to overwork during the month.
§ 4b. In determining the additional remuneration for an Article 151 8 § 1 of the Labour Code, per hour of night work, the minimum remuneration for the work provided for in that provision shall be divided by the number of working hours per working month.
§ 5. 1. When determining the remuneration for the duration of the dismissal and for the duration of the non-work, where the provisions provide for the worker's entitlement to pay, the rules in force for the determination of the remuneration for leave shall apply, including that the terms of remuneration determined in an average amount shall be calculated from the month in which the dismissable or the period of non-work was incurred.
2. [ 1] In determining the remuneration for the period:
1) dismissal of the employee from the duty to provide work during the period of notice (art 36 2 Labour Code),
2) dismissal of pregnant workers or nursing the breastfeeding child from the duty to provide work (art. 179 § 5 of the Labour Code)
the rules applicable to the remuneration of leave shall apply.
§ 5a. [ 2] Article 5 (5) 1 shall apply mutatis mutandis in determining the remuneration for the full monthly amount of working time in the case referred to in Article 3. 151 2 § 2 of the Labour Code.
§ 6. (repealed).
§ 7. (1) The compensatory allowance to the remuneration of:
1) workers in pregnancy or breastfeeding of the baby (art. 179 § 4 of the Labour Code),
2) a worker who has been identified as having signs of occupational disease (Art. 230 § 2 of the Labour Code),
(3) a worker who has become incapable of carrying out the work so far as a result of an accident at work or occupational disease (Art. 231 of the Labour Code),
is the difference between the remuneration of the period prior to the transfer and the remuneration after the transfer of the worker to another job.
(2) The remuneration for the purposes of determining the compensatory allowance shall be calculated according to the rules in force for the determination of the remuneration for leave.
§ 8. The compensatory allowance to remuneration according to the components of remuneration laid down in the monthly rates at a fixed rate shall be reduced for each day of work for which the staff member is not entitled to pay for work after having been entrusted to another job. To this end, the amount of the compensatory allowance shall be divided by the coefficient referred to in Paragraph 13 (1). 2 a in the case of receipt by the employee of the remuneration specified in the Article. 92 of the Labour Code or the allowance provided for in the Act on Social Security Benefits in the event of sickness and maternity-by 30; the resulting result is multiplied by the number of days for which the employee was entitled to this remuneration. or the allowance and the amount received shall be deducted from the compensatory allowance.
§ 9. 1. The basis for calculating the compensatory allowance for remuneration, according to the components of remuneration laid down in hourly rates or for a different period of less than one month, and of variable remuneration components paid for periods not longer than one month, constitutes remuneration for one day from the period prior to the transfer to another work. For that purpose, the remuneration determined in accordance with the rules referred to in Paragraph 7 (1) 2 shall be divided by the number of calendar days for which the staff member was entitled to be remunerated before the transfer.
2. In order to calculate the compensatory allowance for a monthly period, from the amount of the remuneration for one day, determined in accordance with the paragraph. 1, and the number of days for which a staff member after the transfer to another work has been remunerated, shall be deducted from the remuneration of the employee after the transfer.
§ 10. 1. The basis for calculating the compensatory allowance to remuneration, according to the components of remuneration paid for periods longer than one month, shall be the remuneration for one day from the period prior to the transfer to another work, determined by the rules applicable to the determination of the cash equivalent for leave, with the fact that the remuneration is divided by the number of calendar days for which the staff member was remunerated.
2. In order to calculate the compensatory allowance for the monthly period, § 9 (1) shall apply mutatis mutandis. 2.
§ 11. 1. In order to calculate the remuneration fixed at the monthly rate at a fixed rate, for the worked part of the month, if the employee for the remainder of this month has received the remuneration specified in Art. 92 of the Labour Code, the monthly wage rate shall be divided by 30 and the amount obtained shall be multiplied by the number of days indicated in the medical certificate of the temporary incapacity of the worker to work as a result of the disease. The amount of the remuneration so calculated shall be deducted from the remuneration for the entire month.
2. Paragraph Recipe 1 shall apply mutatis mutandis in the absence of a worker at work, during which the worker is entitled to an allowance provided for in the provisions on social security benefits in the event of sickness and maternity or in the provisions of social insurance in the event of accidents at work and occupational diseases.
§ 12. 1. In order to calculate the remuneration, fixed at the monthly rate at a fixed rate, for the worked part of the month, if the employee this month was absent from the job for other reasons than the incapacity for work caused by the disease, and for the time being the absence does not retain the right to pay-the monthly remuneration rate is divided by the number of hours per month and the amount received is multiplied by the number of hours of absence of the employee in the work of those causes. The amount of the remuneration so calculated shall be deducted from the remuneration for the entire month.
2. Paragraph Recipe 1 shall also apply in the case of the calculation of the salary of an employee, fixed at a monthly rate at a fixed rate, when the duration of the employee's stay in the employment relationship does not cover the full month.
§ 13. 1. Whenever the Regulation refers to the determination of remuneration and other claims according to the rules governing the remuneration of leave or cash equivalent for leave, it shall be understood as a result of the provisions of the Regulation. Minister of Labour and Social Policy of 8 January 1997. on the detailed rules for the granting of holiday leave, the setting and payment of pay for the period of leave and the cash equivalent for leave (Dz. U. Nr 2, pos. 14, 2002 Nr 214, pos. 1810 and 2003 No. 230, item. 2290).
(2) For the purposes of the second sentence of Article 8, the term 'coefficient' means the coefficient referred to in Paragraph 19 of the Regulation referred to in paragraph 8. 1.
§ 14. 1. Traci shall be the power of the Minister of Labour, Palace and Social Affairs of 18 December 1974 (the Minister of Labour and Social Affairs). on the calculation of the remuneration for the non-performance of work, compensation, compensatory allowances and certain other claims on employment (Dz. U. Nr. 51, pos. 334 and 1976 Nr 40, pos. 238), subject to paragraph. 2 and 3.
2. The rules for the calculation of their remuneration laid down in § 6 of the Regulation referred to in paragraph 6 shall apply to workers who are in temporary custody on the date of entry into force of this Regulation. 1.
3. The damage to the worker in relation to the failure to deliver on the date or release of the wrong opinion of the work, which shall be followed from 2 June 1996, shall be determined in accordance with the rules laid down in § 7 of the Regulation referred to in paragraph. 1.
§ 15. This Regulation shall enter into force on 2 June 1996.
[ 1] § 5 par. 2 added by § 1 item 1 of the Ordinance of the Minister of Labour and Social Policy of 10 November 2015 amending the Regulation on the method of determining the remuneration during the non-working period and the remuneration underlying the calculation of the compensation, the allowance, the compensatory allowances for the remuneration and the other claims provided for in the Labour Code (Journal of Laws of the European Union 2000). The amendment came into force on 22 February 2016.
[ 2] § 5a in the wording established by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 10 November 2015 amending the Regulation on the method of determining the remuneration during the non-working period and the remuneration underlying the calculation of the compensation, the allowance, the compensatory allowances for the remuneration and the other claims provided for in the Labour Code (Journal of Laws of the European Union 2000). The amendment came into force on 22 February 2016.
